[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec. 13.03 of the 1997 Code]
There is hereby imposed on every person conducting or engaging in the business of providing entertainment or amusement within the City a license fee as specified in Chapter
169, Licenses and Permits. Such license fee is in addition to all other taxes imposed by law or ordinance.
The license shall be granted for a period of
one year or part thereof and shall expire on June 30 following its
issuance.
This article shall not apply to any person conducting
or engaging in the business of providing entertainment or amusement
where admission charges are to be used exclusively for charitable,
eleemosynary, educational or religious purposes.
When used in this article and unless otherwise
distinctly expressed, the following words and phrases shall have the
meanings set out herein:
CITY CLERK
The City Clerk for the City of Franklin.
ENTERTAINMENT AND AMUSEMENT
Includes, among others, the following: circuses, motion-picture
shows, shows of all kinds, dance halls, all sporting contests and
athletic events, including exhibitions, concerts, lectures, vaudeville,
bowling, dancing, golf, swimming and bathing, side shows, amusement
parks and all forms of recreation therein, operatic performances,
theatrical performances and any other form of diversion, sport, pastime
or recreation.
LICENSEE
Any person who conducts or engages in the business of providing
entertainment or amusement and is required to obtain a license hereunder.
PERSON
Includes an individual, firm, corporation, company, partnership,
association, unincorporated association and any person active in a
fiduciary capacity.
[Added 6-2-1998 by Ord. No. 98-1498]
All licensees, licensees' employees, persons
under the direct supervision and control of a licensee and the premises
supporting the activities for which an entertainment and amusement
license has been granted under this section shall be subject to the
following terms and conditions.
A. Law compliance. The entertainment and amusement activities
and all activities conducted or arising incidental or accessory thereto
shall in all respects comply with the provisions of this section and
all other applicable rules, regulations, orders, ordinances and statutes.
The premises or place supporting entertainment and amusement license
activities shall comply in all respects with the provisions of this
section and all other applicable rules, regulations, orders, ordinances
and statutes, specifically including, but not limited to, zoning regulations,
building code requirements, fire prevention code and health code requirements.
B. Alcohol beverage prohibition. No alcohol beverage,
as defined under § 125.02(1) Wis. Stats., shall be possessed,
consumed, sold or given away to any person upon any premises or place
supporting entertainment or amusement required to be licensed by this
section during business hours or while open to the public or during
any entertainment or amusement required to be licensed under this
section unless the licensee and the premises hold and are the subject
of, respectively, an alcohol beverage license applicable to the type
of alcohol beverage possessed, consumed, sold or given away, notwithstanding
whether such license is not otherwise required for mere possession.
C. Closing hours. No premises or place supporting and
no entertainment or amusement for which a license is granted under
this section may remain open or occur between the hours of 2:00 a.m.
and 6:00 a.m., excepting that on Saturday and Sunday, such closing
hours shall be been 2:30 a.m. and 6:00 a.m.
D. Curfew. No licensee, employee or person under the
direct supervision or control of a licensee shall permit any person
under the age of 17 years, unless accompanied by the person's parent,
lawful guardian or custodian, to enter, remain in or upon or loiter
in or upon any premises or place supporting any entertainment or amusement
required to be licensed under this section between the hours of 11:00
p.m. and 6:00 a.m. next following. No person under the age of 17 years
shall represent himself or herself to have reached the age of 17 years
in order to obtain admission to or remain in or upon any premises
or place supporting entertainment or amusement required to be licensed
by this section if such person is in fact under the age of 17 years.
No person shall represent himself or herself to be a parent, lawful
guardian or custodian of any person, in order that such person may
obtain admission to or remain upon or in any premises or place supporting
entertainment or amusement required to be licensed under this section,
when the person making the representation is not, in fact, a parent,
lawful guardian or custodian of the other person.
E. License nontransferable. Any license issued under
this section shall be nonassignable and nontransferable from person
to person or from one premises or place to another.
A license fee due and unpaid under this article
shall be a debt due to the city. It shall be the personal obligation
of the person required to obtain a license and shall be a lien upon
his or her property. Such lien shall have priority over all other
liens and obligations except those due to this state and the United
States. Such lien shall be enforced by the City Clerk as any other
lien would be enforced against a defaulting debtor.
Any person who fails to remit the amount of
license fee when due shall, in addition to all other penalties, pay
a penalty of 100% of the license fee due. For each successive seven
days elapsing before payment, there shall be added an additional penalty
of 10%.
The City Clerk may adopt rules and regulations
not inconsistent with this article for the purpose of carrying out
and enforcing the payment of the license fees herein imposed, and
a copy of such rules and regulations shall be on file and available
for public examination in the City Clerk's office. Failure or refusal
to comply with any rules and regulations promulgated under this article
shall be a violation of this article.
[Amended 10-20-1998 by Ord. No. 98-1512]
A. Purpose. The purpose of this section is to provide
reasonable regulations for extraordinary entertainment and amusement
(special) events in order to protect the public health, safety and
welfare from the potential adverse effects which may arise from such
special events or the large number of persons attracted to such events
upon premises not regularly used for or developed to regularly accommodate
such events or gatherings. Such regulations are intended to protect
against traffic congestion; the overcrowding of lands; the potential
for fires, explosion, riot or disorder or other dangers to persons
or property; the diversion of public health, safety and emergency
services from regular necessary duties; and the additional cost to
the community of providing public services necessary to protect the
public health, safety and welfare arising from such temporary special
events; and to promote the preservation of public peace and order,
the furtherance of sanitation and the safeguarding of the public health.
B. Definition. A "special event" is a temporary entertainment and amusement activity, as defined under §
121-4, open to the general public and organized, produced or sponsored by a person, which event is extraordinary in that it is not ordinarily conducted on a daily or regular normal average use basis as a lawful use of the premises upon which such event is to occur, cannot be held completely within the confines of an existing building on such premises, and for which event it is reasonably anticipated that the number of persons attending will at any time exceed the maximum occupancy of the existing building(s) on the property or will substantially exceed the regular normal average patronage and traffic generated otherwise attending such premises as a result of its regular normal average and lawful use. Such special events include but are not limited to festivals, carnivals, athletic or contest tournaments, picnics and fairs.
C. License required. Any person, whether or not holding an entertainment and amusement license, under this section intending to hold, produce or sponsor a special event shall obtain a special event license prior to such event pursuant to the terms and provisions of this §
121-9.
D. Exemptions. The exemptions under §
121-3 of this chapter shall not apply to a special event. This subsection shall not apply to:
(1) Any regularly established place of worship, stadium,
athletic field, arena, auditorium, coliseum or other permanently established
place of assembly for special events for which it is reasonably anticipated
that the number of persons attending will not exceed by more than
250 people the maximum seating capacity of the structure where the
assembly is held.
(2) Special events sponsored by the City or occurring
upon public property and otherwise authorized or regulated by this
Municipal Code, such special events being otherwise subject to governmental
control to effectuate the purposes of this section.
E. Regulations.
(1) Duration and hours of operation. The duration of any special event shall not exceed four consecutive days and any permit issued under this section shall specify the days upon which the event shall occur. No special event shall be open to the public except between the hours of 8:00 a.m. and 10:00 p.m. on any Sunday through Thursday and 8:00 a.m. and 11:00 p.m. on any Friday and Saturday occurring within the duration of the special event. Such permit shall also specify the hours during which pre-event setup and postevent takedown operations may occur and no such operations may be conducted other than as so specified. The duration and hours of operation as set forth above in this Subsection
E(1) may be extended following the review, consideration and any recommendation by the License Committee, and the review and consideration thereof by the Common Council, by a decision of the Common Council to grant an exception to the not exceed four consecutive days provision and/or the hours for the special event to be open to the public, to allow for an extension of such days and/or hours to allow for more consecutive days and/or more hours of being open to the public. The decision of the Common Council to grant an exception shall specify the actual consecutive days and/or the actual hours so permitted. Any review, consideration, recommendation and decision made pursuant to this Subsection E(l) shall be based upon and subject to the receipt by the License Committee and the Common Council of specific facts that the subject special event, in addition to meeting all of the purposes and requirements set forth in this §
121-9, is unique with regard to being extraordinary not only because it is not ordinarily conducted, but also because it is of substantially more benefit to the public and the interest therein by the public and a substantial benefit to the community, and that it is substantially controlled and contained within the premises to protect the health, safety and welfare of the public attending and in the community by the applicant event in the public interest.
[Amended 8-5-2003 by Ord. No. 2003-1758; 10-17-2023 by Ord. No. 2023-2558]
(2) Maximum attendance. A special event license shall
specify the maximum peak number of people to attend the special event.
The licensee shall not sell tickets to nor allow the attendance of
more people at the special event at any time than as specified in
the license. Any tickets sold or advertisement made prior to the grant
of a license under this section and the satisfaction of all conditions
of such license shall include therein, in like medium, a statement
that "the occurrence of the (special event) remains subject to the
approval of the City of Franklin."
(3) Parking. Off-street parking areas are required for
each special event so as to provide parking space for the maximum
anticipated attendance specified in the license, at the rate of at
least one parking space for every three persons. Such parking areas
shall be specified within the application and shall be located upon
the special event premises; upon separate premises within 1,000 feet
of the special event premises or upon premises located more than 1,000
feet away from the special event premises, provided that the licensee
provides a vehicular shuttle service to and from such away parking
area which operates in fifteen-minute round-trip intervals at all
times during the event and continuing for 30 minutes following the
close of the event on any day. All temporary parking facilities for
special events shall be maintained free of dust or mud and all dirt
or mud tracked onto the public right-of-way shall be cleared and removed
within two hours following the close of the event on any day. The
Police Department shall only post temporary parking-related regulations
on public streets for special events if determined necessary by the
Police Chief for public traffic safety or as may be directed by the
Common Council within the license approval process.
(4) Sanitary facilities and potable water. All sanitary
facilities and potable water facilities shall be provided for the
special event as required in the Building Code for places of public assembly.
(5) Illumination. If the special event is to continue
during hours of darkness, illumination shall be sufficient to light
the entire area of the event at the rate of at least five footcandles,
without the spillage of such illumination unreasonably beyond the
boundaries of the special event premises.
(6) Telephones. Telephone facilities for outside calling
shall be provided and posted at each special event so as to provide
at least one telephone for each 1,000 persons anticipated to attend
as specified in the license.
(7) Noise. No licensee shall permit any sound created
by the special event activity to carry unreasonably beyond the boundaries
of the special event premises.
(8) Security. Private security guards licensed by the
State of Wisconsin shall be provided for a special event at the rate
of at least one security guard for every 750 people anticipated to
attend the special event as set forth in the license. No such security
guard shall be armed unless the applicant sets forth on the application
the intention that security guards shall be armed and, prior to the
approval of the application, the applicant obtains the written approval
of the Chief of Police determining that all such armed security guards
meet all of the criteria and requirements set forth under § 941.237(3)(cm)
and 167.31(4)(a)4, Wis. Stats., and that the state licenses required
under such statutes are permanent and not temporary licenses. Any
such armed security guards shall be in full compliance with and not
violate any other governmental law, statute, regulation, rule, order
or ordinance at all times during, or while acting in relation to,
the special event. This requirement for the provision of private security
guards may be modified upon recommendation from the Chief of Police
to do so and approval thereof by the Common Council, upon consideration
of the nature of the event and a showing of historical facts that
the same special event has a history of a low level of activity occurrence
pertaining to the public need for security and police intervention.
[Amended 6-22-1999 by Ord. No. 99-1561; 6-7-2016 by Ord. No. 2016-2220]
(9) Fire protection. A licensee shall provide all fire
protection applicable to the special event activities and premises
as required by the municipal Fire Prevention Code and the Wisconsin Administrative Code, including alarms,
extinguishing devices, fire lanes and fire escapes.
(10) Compliance with other code provisions. No special
event shall occur unless all other necessary municipal permits, licenses
and approvals applicable to the special event activities have been
granted and any license granted under this section shall be conditioned
upon the licensee obtaining all such other licenses, permits and approvals.
F. Application.
(1) Any person intending to hold, sponsor or produce a
special event shall make written application for a special event license
and file same with the City Clerk at least 30 working days prior to
the date of the special event.
(2) The application shall contain a statement made upon
oath or affirmation that the statements contained therein are true
and correct to the best knowledge of the applicant and shall be signed
and sworn to or affirmed by the individual making application in the
case of an individual, by an authorized officer in the case of a corporation,
by a general partner in the case of a partnership or by all officers
of an unincorporated association, society or group or, if there be
no officers, by all members of such association, society or group.
(3) The application shall contain and disclose:
(a)
The name, address and home and business telephone
numbers of the authorized representative of the applicant who shall
be responsible for the conduct of the special event and available
to the City at all times for all communications and necessary contacts.
(b)
The name, age, residence and mailing address
of all persons required to sign the application and, in the case of
a corporation, a certified copy of the articles of incorporation,
together with the name, age, residence and mailing address of each
person holding 10% or more of the stock of said corporation.
(c)
The address and legal description of all property
upon which the special event is to be held, together with the name,
residence and mailing address of the record owner(s) of all such property.
(d)
Proof of ownership of all property upon which
the special event is to be held or a statement made upon oath or affirmation
by the record owner(s) of all such property that the applicant has
permission to use such property for the special event.
(e)
The nature or purpose of the special event.
(f)
The total number of days and/or hours during
which the special event is to last, including setup and takedown operations.
(g)
The maximum number of persons which the applicant
shall permit to attend at any time, not to exceed the maximum number
which can reasonably assemble at the location of the special event
in consideration of the nature of the special event.
(h)
The maximum number of tickets to be sold, if
any.
(i)
The plans of the applicant to limit the maximum
number of people permitted to assemble.
(j)
Any plans for fencing the location of the special
event and the gates contained in such fence.
(k)
The plans for supplying potable water, including
the source, amount available and location of outlets.
(l)
The plans for providing toilet and lavatory
facilities, including the source, number and location, type and the
means of disposing of waste deposited.
(m)
The plans for holding, collection and disposing
of solid waste material.
(n)
The plans, if any to illuminate the location
of the special event, including the source and amount of power and
the location of lamps.
(o)
The plans for parking vehicles, including size
and location of lots, points of highway access and interior roads,
including routes between highway access and parking lots and any shuttle
service.
(p)
The plans for telephone service, including the
source, number and location of telephones.
(q)
The plans for security, including the number
of guards, their deployment and their names, addresses, credentials
and hours of availability.
(r)
The plans for fire protection, including the
number, type and location of all protective devices, including alarms
and extinguishers, and the number of emergency fire personnel available
to operate the equipment.
(s)
The plans for sound control and sound amplification,
if any, including number, location and power of amplifiers and speakers.
(t)
The plans for food and beverage concessions
and concessioners who will be allowed to operate on the grounds, including
the names and addresses of all concessioners and their license or
permit numbers.
(u)
The plans and specific description for each
of any other type of vendor or amusement or entertainment provider
who will be allowed to operate on the grounds, including the names
and addresses of all such vendors and their license or permit numbers,
if any.
(4) No application shall be accepted as filed until the City Clerk determines that the information in the application is complete and sufficient for filing purposes as required under this Subsection
F. Upon filing, the Clerk shall distribute copies of the application to the Police, Fire, Health, Planning, Building Inspection and Engineering Departments and Common Council members.
G. Indemnity. The special event license application shall
contain a statement that: "The applicant agrees to indemnify and save
harmless the City from and against all liabilities, claims, demands,
judgments, losses and all suits at law or in equity, costs and expenses,
including reasonable attorney fees, for injury or death of any person
or loss or damage to the property of any person, firm, organization
or corporation, arising in any way as a consequence of the granting
of a license for a special event." No license may be issued unless
the applicant has agreed to the terms of this statement on the written
application.
H. Insurance. Each applicant for a special event license
shall furnish to the city, no later than 10 days prior to the special
event, a certificate of insurance written by a company licensed in
the State of Wisconsin, approved by the City Attorney and covering
any and all liability or obligations which may result from the operations
by the applicant's employees, agents, contractors or subcontractors
and including workers' compensation coverage in accordance with Ch.
101, Wis. Stats. The certificate shall provide that the company will
furnish the City with a ten-day prior written notice of cancellation,
nonrenewal or material change. The insurance shall be written in comprehensive
form and shall protect the applicant and City against all claims arising
from injuries to members of the public or damage to property of others
arising out of any act or omission of the applicant, its employees,
agents, contractors and subcontractors. The policy of insurance shall
provide minimum combined single limits for bodily injury and property
damage of at least $1,000,000 per person/aggregate.
I. License fees. Concurrent with the filing of any application
for a special event license, the applicant shall pay a nonrefundable
license administration and review fee to the City in the amount of
$100. In addition, a special event licensee shall be responsible for
and pay to the City a fee for all City fire and police services provided
by the City for the special event. Such police and fire services special
event fee shall not exceed the actual cost of providing the services.
Such fee shall be paid to the City by the licensee within 10 days
of the date of the itemized invoice for same prepared by the City
subsequent to the special event. Prior to any Common Council approval
of a special event license, the Police Chief and Fire Chief shall
review the application and report to the Common Council their respective
findings as to the reasonable estimates of the costs of providing
police and fire services reasonably required by the special event.
The licensee shall provide the Chiefs with all information necessary
to determine the level of services required. After reviewing such
reports, upon which the applicant may be heard, the Common Council
shall specify as a condition of the license that the applicant deposit
with the City security in the form of a bond, letter of credit or
cash deposit, in form approved by the City Attorney in an amount determined
to be sufficient to guarantee payment for the anticipated cost of
providing such special event police and fire services. Such security
deposit shall be made by the licensee no later than 10 days prior
to the special event. Such security deposit shall entitle the City
to draw upon same forthwith upon any default in payment by the licensee
after services invoice, with remaining balance of any cash deposit
to be returned to the licensee. Any determined deficiency for such
service fees beyond the security deposit shall be a debt of the licensee
to the city, collectible by the City in an action at law, which shall
also entitle the City to all costs of collection, including attorney
fees, and further, shall also constitute a lien against the special
event premises to be placed upon the tax roll for such premises. If
the Public Health Officer reports the need for an extra (nonstaff)
rostered sanitarian for the special event, the above terms and provisions
pertaining to police and fire services and costs shall likewise apply
to such extra sanitarian services and costs.
J. Approval or denial of application. Upon receipt of
a completed application, the City Clerk shall submit the application
for review to the Common Council, which shall approve, conditionally
approve or deny the license within 20 working days of its filing.
The Common Council shall have the authority to modify the time and
place or specified activities of a special event to facilitate crowd
control in the interests of relieving congestion and promoting public
safety. The Common Council shall issue the license if it complies
with all terms and provisions of this section. Grounds for denial
of the application shall include:
(1) Any false or misleading statements set forth upon
the application.
(2) The special event is of such a size or nature so as
to require the diversion of so great a number of municipal police
or fire services so as to deny reasonable police or fire services
to the City as a whole.
(3) The time, size and nature of the special event would
unduly disrupt the safe and orderly use of any street or public place,
or material portion thereof, which is ordinarily subject to congestion
or traffic at the proposed time or substantially interrupts the safe
and orderly movement of traffic.
(4) The vehicles, temporary structures, sanitary facilities,
tents, equipment or other materials used in the special event do not
comply with or meet all applicable health, fire or safety requirements.
(5) The special event will interfere or conflict with
another special event for which an application had been previously
filed or with a construction or public works project.
(6) The conduct of the special event will be contrary
to law, including noise regulations.
(7) Either the applicant or a proposed special event were
previously licensed for a prior special event under this section and
violated any term of this section while operating under such license.
K. Appeal of application denial. Any applicant who has
been denied a special event license may, upon written request within
five days of denial have the denial reviewed by the Municipal Court
Judge, who shall either affirm or reverse the initial action on the
application. Such determination by the Municipal Court Judge shall
constitute final action. If the Municipal Court Judge is unable to
hear the matter prior to the proposed date of the special event, the
applicant may seek judicial review of the denial.
L. Enforcement. Any person who violates any provision
of this section or who violates any condition upon which a special
event license is granted shall be subject to a forfeiture of not less
than $1,000 nor more than $10,000. Each day of violation shall be
considered a separate offense. In addition, the City may enforce this
section by way of injunctive relief and all other remedies available
at law and in equity.
M. The terms and provisions of §
121-5B,
C and
D shall not apply to special events.
[Adopted 8-5-1997 by Ord. No. 97-1461 as
Sec. 13.05 of the 1997 Code]
The following terms as used in this article
shall be construed as follows:
AMUSEMENT DEVICE
An electrically or mechanically coin-operated device used
and operated solely for playing games of skill or for entertainment.
OPERATOR
Any person owning and operating one or more amusement devices
set up for use in the city. Any person owning and operating an amusement
device set up in his or her home or own place of business shall not
be deemed an operator within the meaning of this article.
POSSESSION
The physical presence of a prohibited device in any premises
under the management or control of the person in charge as possessor.
Any City police officer may seize or cause to
be seized any amusement device upon which is not affixed a registration
symbol as herein required. The ownership or possession of any nonregistered
amusement device set up for use shall be a violation of this article.
No person shall counterfeit a registration symbol
or transfer such registration symbol from one amusement device to
another without having previously registered such transfer with the
City Clerk.
In addition to the suspension or revocation of any license or permit granted under this article, any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-19.